82_FR_1389 82 FR 1386 - Sunshine Act Meeting

82 FR 1386 - Sunshine Act Meeting

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 82, Issue 3 (January 5, 2017)

Page Range1386-1387
FR Document2016-32047

Federal Register, Volume 82 Issue 3 (Thursday, January 5, 2017)
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Notices]
[Pages 1386-1387]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-32047]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold a closed meeting on Friday, January 
6, 2017 at 2:30 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the closed meeting. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or her designee, has 
certified that, in her opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit 
consideration of the scheduled matter at the closed meeting.
    Chair White, as duty officer, voted to consider the items listed 
for the closed meeting in closed session.
    The subject matter of the closed meeting will be:
    Institution of injunctive actions;
    Institution and settlement of administrative proceedings;
    Adjudicatory matters; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed; please contact Brent J. Fields from 
the Office of the Secretary at (202) 551-5400.


[[Page 1387]]


    Dated: December 30, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-32047 Filed 1-3-17; 11:15 am]
 BILLING CODE 8011-01-P



                                                  1386                          Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices

                                                  system, and, in general, to protect                     III. Date of Effectiveness of the                      inspection and copying at the principal
                                                  investors and the public interest.                      Proposed Rule Change and Timing for                    office of the Exchange. All comments
                                                  Additionally, the Exchange believes the                 Commission Action                                      received will be posted without change;
                                                  proposed rule change is consistent with                   Within 45 days of the date of                        the Commission does not edit personal
                                                  the Section 6(b)(5) 27 requirement that                 publication of this notice in the Federal              identifying information from
                                                  the rules of an exchange not be designed                Register or within such longer period                  submissions. You should submit only
                                                  to permit unfair discrimination between                 up to 90 days (i) as the Commission may                information that you wish to make
                                                  customers, issuers, brokers, or dealers.                designate if it finds such longer period               available publicly. All submissions
                                                                                                          to be appropriate and publishes its                    should refer to File Number SR–CBOE–
                                                     In particular, the Exchange believes
                                                                                                          reasons for so finding or (ii) as to which             2016–091 and should be submitted on
                                                  trading P.M.-settled third-Friday                                                                              or before January 26, 2017.
                                                  expirations under the SPXW symbol                       the Exchange consents, the Commission
                                                  rather than the separate SPXPM symbol                   will:                                                    For the Commission, by the Division of
                                                  will ensure market participants,                          A. By order approve or disapprove                    Trading and Markets, pursuant to delegated
                                                                                                          such proposed rule change, or                          authority.28
                                                  particularly retail customers, have
                                                                                                            B. institute proceedings to determine                Eduardo A. Aleman,
                                                  seamless access to P.M.-settled S&P 500
                                                  Index options expiring every Friday of                  whether the proposed rule change                       Assistant Secretary.
                                                  the month, which helps to remove                        should be disapproved.                                 [FR Doc. 2016–31943 Filed 1–4–17; 8:45 am]
                                                  impediments to and perfect the                          IV. Solicitation of Comments                           BILLING CODE 8011–01–P

                                                  mechanism of a free and open market.
                                                                                                            Interested persons are invited to
                                                  The Exchange believes the proposed
                                                                                                          submit written data, views, and                        SECURITIES AND EXCHANGE
                                                  rule change will help to protect
                                                                                                          arguments concerning the foregoing,                    COMMISSION
                                                  investors and the public interest by                    including whether the proposed rule
                                                  allowing market participants to enter                   change is consistent with the Act.                     Sunshine Act Meeting
                                                  options positions with the same                         Comments may be submitted by any of
                                                  underlying in one symbol that spans                     the following methods:                                    Notice is hereby given, pursuant to
                                                  every Friday expiration in a month, thus                                                                       the provisions of the Government in the
                                                  providing a more efficient way to gain                  Electronic Comments                                    Sunshine Act, Public Law 94–409, that
                                                  exposure and hedge risk.                                  • Use the Commission’s Internet                      the Securities and Exchange
                                                                                                          comment form (http://www.sec.gov/                      Commission will hold a closed meeting
                                                  B. Self-Regulatory Organization’s                                                                              on Friday, January 6, 2017 at 2:30 p.m.
                                                  Statement on Burden on Competition                      rules/sro.shtml); or
                                                                                                            • Send an email to rule-comments@                       Commissioners, Counsel to the
                                                    CBOE does not believe that the                        sec.gov. Please include File Number SR–                Commissioners, the Secretary to the
                                                  proposed rule change will impose any                    CBOE–2016–091 on the subject line.                     Commission, and recording secretaries
                                                  burden on competition that is not                                                                              will attend the closed meeting. Certain
                                                                                                          Paper Comments                                         staff members who have an interest in
                                                  necessary or appropriate in furtherance
                                                  of the purposes of the Act. The                            • Send paper comments in triplicate                 the matters also may be present.
                                                  Exchange does not believe the rule                      to Secretary, Securities and Exchange                     The General Counsel of the
                                                  change will impose a burden on                          Commission, 100 F Street NE.,                          Commission, or her designee, has
                                                  intramarket competition because all                     Washington, DC 20549–1090.                             certified that, in her opinion, one or
                                                  market participants will continue to                    All submissions should refer to File                   more of the exemptions set forth in 5
                                                  have access to P.M.-settled S&P 500                     Number SR–CBOE–2016–091. This file                     U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
                                                  Index options expiring every Friday of                  number should be included on the                       and 17 CFR 200.402(a)(3), (a)(5), (a)(7),
                                                  the month and will be able to trade                     subject line if email is used. To help the             (a)(9)(ii) and (a)(10), permit
                                                  them under the SPXW symbol. The                         Commission process and review your                     consideration of the scheduled matter at
                                                  proposal will not impose a burden on                    comments more efficiently, please use                  the closed meeting.
                                                  intermarket competition because the                     only one method. The Commission will                      Chair White, as duty officer, voted to
                                                  options effected by this proposal are                   post all comments on the Commission’s                  consider the items listed for the closed
                                                  exclusive to CBOE. Additionally, the                    Internet Web site (http://www.sec.gov/                 meeting in closed session.
                                                  Exchange does not believe the proposal                  rules/sro.shtml). Copies of the                           The subject matter of the closed
                                                  will impose any burden on intermarket                   submission, all subsequent                             meeting will be:
                                                  competition as market participants on                   amendments, all written statements                        Institution of injunctive actions;
                                                  other exchanges are welcome to become                   with respect to the proposed rule                         Institution and settlement of
                                                  Trading Permit Holders and trade at                     change that are filed with the                         administrative proceedings;
                                                                                                          Commission, and all written
                                                  CBOE if they determine that this                                                                                  Adjudicatory matters; and
                                                                                                          communications relating to the
                                                  proposed rule change has made CBOE                                                                                Other matters relating to enforcement
                                                                                                          proposed rule change between the
                                                  more attractive or favorable.                                                                                  proceedings.
                                                                                                          Commission and any person, other than
                                                  C. Self-Regulatory Organization’s                       those that may be withheld from the                       At times, changes in Commission
                                                  Statement on Comments on the                            public in accordance with the                          priorities require alterations in the
                                                                                                          provisions of 5 U.S.C. 552, will be                    scheduling of meeting items.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Proposed Rule Change Received From
                                                  Members, Participants, or Others                        available for Web site viewing and                        For further information and to
                                                                                                          printing in the Commission’s Public                    ascertain what, if any, matters have been
                                                    The Exchange neither solicited nor                    Reference Room, 100 F Street NE.,                      added, deleted or postponed; please
                                                  received comments on the proposed                       Washington, DC 20549 on official                       contact Brent J. Fields from the Office of
                                                  rule change.                                            business days between the hours of                     the Secretary at (202) 551–5400.
                                                                                                          10:00 a.m. and 3:00 p.m. Copies of the
                                                    27 Id.                                                filing also will be available for                        28 17   CFR 200.30–3(a)(12).



                                             VerDate Sep<11>2014   21:06 Jan 04, 2017   Jkt 241001   PO 00000   Frm 00077   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM     05JAN1


                                                                                   Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Notices                                                        1387

                                                    Dated: December 30, 2016.                                the most significant aspects of such                     of the data by ‘‘Non-Professional
                                                  Brent J. Fields,                                           statements.                                              Users’’ 8. User Fees are subject to a cap
                                                  Secretary.                                                                                                          of $2,000 per month (i.e., a Customer
                                                                                                             A. Self-Regulatory Organization’s
                                                  [FR Doc. 2016–32047 Filed 1–3–17; 11:15 am]                                                                         pays no more than $2,000 in User Fees
                                                                                                             Statement of the Purpose of, and
                                                  BILLING CODE 8011–01–P                                                                                              for a given month). The Exchange
                                                                                                             Statutory Basis for, the Proposed Rule
                                                                                                                                                                      proposes to delete this fee cap from the
                                                                                                             Change                                                   MDX fee schedule for CBOE data.
                                                  SECURITIES AND EXCHANGE                                    1. Purpose                                                  The Exchange also proposes to make
                                                  COMMISSION                                                                                                          a few clean-up changes to the MDX fee
                                                                                                                The purpose of the proposed rule                      schedule for CBOE data, including
                                                  [Release No. 34–79709; File No. SR–CBOE–                   change is to amend user fees for the                     removing a couple references to a
                                                  2016–092]                                                  COB Data Feed. This data feed is made                    January 1, 2016 effective date for prior
                                                                                                             available by CBOE’s affiliate Market                     fee changes and removing the $1 per
                                                  Self-Regulatory Organizations;                             Data Express, LLC (‘‘MDX’’). The
                                                  Chicago Board Options Exchange,                                                                                     month User Fee for COB Data Feed Non-
                                                                                                             Exchange proposes to make the                            Professional Users, which was
                                                  Incorporated; Notice of Filing and                         following fee changes effective January
                                                  Immediate Effectiveness of a Proposed                                                                               eliminated effective January 1, 2015.
                                                                                                             1, 2017.
                                                  Rule Change Relating to Fees for the                          COB Data Feed: The COB Data Feed                      2. Statutory Basis
                                                  Complex Order Book Data Feed                               is a real-time data feed that includes                      The Exchange believes the proposed
                                                  December 29, 2016.                                         data regarding the Exchange’s Complex                    rule change is consistent with the
                                                                                                             Order Book and related complex order                     Securities Exchange Act of 1934 (the
                                                     Pursuant to Section 19(b)(1) of the
                                                                                                             information. The COB Data Feed                           ‘‘Act’’) and the rules and regulations
                                                  Securities Exchange Act of 1934 (the
                                                                                                             contains the following information for                   thereunder applicable to the Exchange
                                                  ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                             all CBOE-traded complex order                            and, in particular, the requirements of
                                                  notice is hereby given that on December
                                                                                                             strategies (multi-leg strategies such as                 Section 6(b) of the Act.9 Specifically,
                                                  19, 2016, Chicago Board Options
                                                  Exchange, Incorporated (the ‘‘Exchange’’                   spreads, straddles and buy-writes): (i)                  the Exchange believes the proposed rule
                                                  or ‘‘CBOE’’) filed with the Securities                     Outstanding quotes and standing orders                   change is consistent with Section 6(b)(4)
                                                  and Exchange Commission (the                               on each side of the market with                          of the Act,10 which requires that
                                                  ‘‘Commission’’) the proposed rule                          aggregate size, (ii) data with respect to                Exchange rules provide for the equitable
                                                  change as described in Items I, II, and                    executed trades (‘‘last sale data’’), and                allocation of reasonable dues, fees, and
                                                  III below, which Items have been                           (iii) totals of customer versus non-                     other charges among its Trading Permit
                                                  prepared by the Exchange. The                              customer contracts.3                                     Holders and other persons using its
                                                  Commission is publishing this notice to                    Fees                                                     facilities. The Exchange also believes
                                                  solicit comments on the proposed rule                                                                               the proposed rule change is consistent
                                                  change from interested persons.                              MDX currently charges Customers 4 of                   with the Section 6(b)(5) 11 requirement
                                                                                                             the COB Data Feed a Data Fee of $100                     that the rules of an exchange not be
                                                  I. Self-Regulatory Organization’s                          per month plus applicable User Fees (as                  designed to permit unfair
                                                  Statement of the Terms of the Substance                    described below). The Data Fee for the                   discrimination between customers,
                                                  of the Proposed Rule Change                                COB Data Feed is waived for Customers                    issuers, brokers, or dealers.
                                                     Chicago Board Options Exchange,                         of the CBOE BBO and Book Depth Data                         The Exchange believes the proposal to
                                                  Incorporated (the ‘‘Exchange’’ or                          Feeds.5                                                  delete the monthly cap on User Fees for
                                                  ‘‘CBOE’’) proposes to amend user fees                        MDX charges a Customer User Fees of                    receipt of the COB Data Feed is
                                                  for the Complex Order Book (‘‘COB’’)                       $25 per month per Device 6 or user ID                    equitable and not unfairly
                                                  Data Feed. The text of the proposed rule                   for receipt of the data by ‘‘Professional                discriminatory because it would apply
                                                  change is available on the Exchange’s                      Users’’ 7. There is no charge for receipt
                                                  Web site (http://www.cboe.com/                                                                                      Users must be external since a person who uses the
                                                                                                               3 The   data is made available during ‘‘Regular        COB Data Feed for a commercial purpose cannot be
                                                  AboutCBOE/                                                 Trading Hours’’ as defined in CBOE Rule 1.1(qqq)         a Non-Professional User.)
                                                  CBOELegalRegulatoryHome.aspx), at                          and ‘‘Extended Trading Hours’’ as defined in CBOE           8 A ‘‘Non-Professional User’’ is a natural person
                                                  the Exchange’s Office of the Secretary,                    Rule 1.1(rrr).                                           or qualifying trust that uses Data only for personal
                                                  and at the Commission’s Public                                4 A Customer is any person, company or other          purposes and not for any commercial purpose and,
                                                  Reference Room.                                            entity that, pursuant to a market data agreement         for a natural person who works in the United States,
                                                                                                             with MDX, is entitled to receive data, either directly   is not: (i) Registered or qualified in any capacity
                                                  II. Self-Regulatory Organization’s                         from MDX or through an authorized redistributor          with the Securities and Exchange Commission, the
                                                  Statement of the Purpose of, and                           (i.e., a Customer or an extranet service provider),      Commodities Futures Trading Commission, any
                                                                                                             whether that data is distributed externally or used      state securities agency, any securities exchange or
                                                  Statutory Basis for, the Proposed Rule                     internally. The MDX fee schedule for CBOE data is        association, or any commodities or futures contract
                                                  Change                                                     located at https://www.cboe.org/MDX/CSM/                 market or association; (ii) engaged as an
                                                                                                             OBOOKMain.aspx.                                          ‘‘investment adviser’’ as that term is defined in
                                                     In its filing with the Commission, the                     5 Such COB Data Feed Customers are still subject      Section 201(11) of the Investment Advisors Act of
                                                  Exchange included statements                               to User Fees.                                            1940 (whether or not registered or qualified under
                                                  concerning the purpose of and basis for                       6 A ‘‘Device’’ means any computer, workstation or     that Act); or (iii) employed by a bank or other
                                                  the proposed rule change and discussed                     other item of equipment, fixed or portable, that         organization exempt from registration under federal
                                                                                                             receives, accesses and/or displays data in visual,       or state securities laws to perform functions that
                                                  any comments it received on the                                                                                     would require registration or qualification if such
                                                                                                             audible or other form.
mstockstill on DSK3G9T082PROD with NOTICES




                                                  proposed rule change. The text of these                       7 A ‘‘Professional User’’ is any natural person       functions were performed for an organization not so
                                                  statements may be examined at the                          recipient of Data who is not a Non-Professional          exempt; or, for a natural person who works outside
                                                  places specified in Item IV below. The                     User (as defined below). User Fees for Professional      of the United States, does not perform the same
                                                                                                             Users are payable for both ‘‘internal’’ Professional     functions as would disqualify such person as a
                                                  Exchange has prepared summaries, set                                                                                Non-Professional User if he or she worked in the
                                                                                                             Users (Devices or user IDs of employees of a
                                                  forth in sections A, B, and C below, of                    Customer) and ‘‘external’’ Professional Users            United States.
                                                                                                                                                                         9 15 U.S.C. 78f(b).
                                                                                                             (Devices or user IDs of Professional Users who
                                                    1 15   U.S.C. 78s(b)(1).                                                                                             10 15 U.S.C. 78f(b)(4).
                                                                                                             receive the Data from a Customer and are not
                                                    2 17   CFR 240.19b–4.                                    employed by the Customer). (Non-Professional                11 15 U.S.C. 78f(b)(5).




                                             VerDate Sep<11>2014      21:06 Jan 04, 2017   Jkt 241001   PO 00000   Frm 00078   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM    05JAN1



Document Created: 2018-02-01 14:51:06
Document Modified: 2018-02-01 14:51:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 1386 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR